The State Of Texas Anti-Drunk Driving Laws

Texas anti-drunk driving laws require swift and sure action resulting in severe consequences for drunk drivers.

Operating a motor vehicle under the influence of or while impaired by, alcohol or other drugs is illegal. Drivers with a bodily alcohol concentration of 0.08 or more are presumed to be under the influence.

It is illegal for drivers under age 21 to operate a vehicle if they have any bodily alcohol content. In Texas, it is also illegal for people under the legal drinking age of 21 to buy, possess, consume, or transport alcoholic beverages.

Texas Mandatory DWI Punishments& Community Supervision Conditions

• DWI (Driving While Intoxicated) includes all motor vehicles (flying, boating, automobiles, etc.)
• 1st DWI is a class B misdemeanor
• At least 72 hours jail time
• Drug/alcohol evaluation/rehabilitation
• Defendant pays cost of rehabilitation program
• Defendant must complete alcohol program
• 1st DWI (younger than 21)
• All of the above conditions, plus 90 day's drivers license suspension at the beginning of the community supervision period
• Ignition interlock device
• 1st DWI with open container is a class B misdemeanor
• At least 6 days jail time
• Drug/alcohol evaluation/rehabilitation
• Defendant pays cost of rehabilitation program
• Defendant must complete alcohol program
• 2nd DWI is a class A misdemeanor
• At least 3 - 30 days jail time
• Drug/alcohol evaluation/rehabilitation
• Defendant pays cost of rehabilitation program
• Defendant has ignition interlock device placed on his vehicle
• Defendant must complete a program for repeat alcohol & drug offenders
• Defendant must complete alcohol education program
• 3rd or subsequent DWI is a 3rd degree felony
• At least 10 days jail time
• Drug/alcohol evaluation/rehabilitation
• Defendant pays costs of rehabilitation program
• Defendant has ignition interlock device placed on his vehicle
• Defendant must complete a program for repeat alcohol & drug offenders
• Defendant completes an alcohol education program
• Intoxication Assault is a 3rd degree felony
• No less than 30 days jail time
• Drug/alcohol evaluation/rehabilitation
• Defendant pays costs of rehabilitation program
• Defendant must complete an alcohol education program
• Intoxication Assault (defendant younger than 21) is a 3rd degree felony
• All of the above conditions + 90 days drivers license suspension and Ignition Interlock Device
• 2nd or subsequent intoxication assault is a 3rd degree felony
• All of the above for intoxication assault + an Ignition Interlock Device place on defendants vehicle
• Intoxication Manslaughter is a 2nd degree felony
• No less than 120 days confinement
• Drug alcohol/drug evaluation/rehabilitation
• Defendant pays costs of rehabilitation program
• Defendant completes alcohol education program
• Intoxication manslaughter (defendant younger than 21) is a 2nd degree felony
• All of the above conditions + 90 day license suspension and Ignition Interlock Device
• 2nd or subsequent intoxication manslaughter is a 2nd degree felony
• All of the above conditions for intoxication assault + defendant has ignition interlock device placed on vehicle 

Illegal Drugs

• Possession of heroin, cocaine, methamphetamine, methadone, the opiates
• Less than 1 gram: State jail Felony
• 1 gram or more but less than 4 grams: 3rd degree felony
• 4 grams or more but less than 200 grams: 2nd degree felony
• 200 grams or more but less than 400 grams: 1st degree felony
• 400 grams or more: 10-99 years or life and up to $100,000 fine
• Possession of LSD
• Less than 20 units: State jail felony
• 20 units or more but less than 80 units: 3rd degree felony
• 80 or more units but less than 4,000: 2nd degree felony
• 4,000 or more units but less than 8,000: 1st degree felony
• 8,000 or more units: 15-99 years or life and up to $250,000 fine
• Possession of amphetamines, hashish, mescaline, methaqualone, psilocin (mushrooms)
• Less than 1 gram: State jail felony
• 1 gram or more but less than 4 grams: 3rd degree felony
• 4 grams or more but less than 200 grams: 2nd degree felony
• 200 grams or more but less than 400 grams: 1st degree felony
• 400 grams or more: 5-99 years or life and up to $50,000 fine
• Possession of barbiturates, Peyote, narcotic cough syrups
• Less than 28 grams: Class A misdemeanor or Class B misdemeanor for narcotic cough syrup
• 28 grams or more but less than 200 grams: 3rd degree felony
• 200 grams or more but less than 400 grams: 2nd degree felony
• 400 grams or more: 5-99 years or life and up to $50,000 fine
• Possession of Marijuana
• 2oz. or less: Class B Misdemeanor
• 4oz. or less but more than 2 oz.: Class A misdemeanor
• 5lbs. or less but more than 4 oz.: State Jail felony
• 50lbs. or less but more than 5 lbs.: 3rd degree felony
• 2000lbs or less but more than 50 lbs.: 2nd degree felony
• More than 2000 lbs.: 5-99 years or life and up to $50,000 fine
• Possession of Drug Paraphernalia
• Class C Misdemeanor: Fine not to exceed $500

These are the most frequently encountered drug statues. There are other crimes associated with drugs; however, they deal wtih delivery (sale) to minors, or the use or seale of imitation substances, or the manufacturing of illegal drugs.

Offenses and Their Meanings Felonies

• Capital Felony
  Life or death 
• First Degree 
  Life or 5-99 years & optional fine not exceed $10,000 
• Second Degree
  2-20 year & optional fine not to exceed $10,000 
• Third Degree
  2-10 years & Optional fine not to exceed $10,000
• State Jail Felony
  180 days - 2 years in State jail and optional fine not to exceed $10,000  

Misdemeanors

• Class A
  Fine not to exceed $4,000 and/or 1 year or less
• Class B
  Fine not to exceed $2,000 and/or 180 days or less 
• Class C
  Fine not to exceed $500